Consumer forum orders ₹31k compensation to passenger who missed train after Railways failed to inform revised timetable

The District Consumer Disputes Redressal Commission at Thiruvananthapuram recently directed Southern Railway to pay ₹31,784, along with interest, to a passenger who missed his train after it departed nearly three hours ahead of its scheduled departure time without prior notice to passengers [Prasantha Kumar P v. Southern Railway].

A Bench consisting of president PV Jayarajan and members Preetha G Nair and Viju VR held that Southern Railway had failed to prove it had informed the passenger about the revised departure time.

The Commission rejected its defence that passengers had been asked to check the non-monsoon timetable and that the complainant had relied on a private train-tracking application.

"Passengers have the right to timely and quality services and they shouldn’t be the subject to the whims and fancies of the administration. The railways must provide valid reasons for the early departure of the train. If the public transportation has to survive, they have to improve the system and their working culture. Passengers cannot be at the mercy of the authorities," said the Commission.

The complainant had booked return tickets for 10 people from Mangaluru to Thiruvananthapuram on a NZM–TVC Superfast Express for November 3, 2019, after a family trip to the Mookambika Temple.

According to the complaint, the group reached Mangaluru railway station around 5 pm and checked the private "Where is My Train" application, which showed the train was expected at 5.40 pm. However, they later learnt at the enquiry counter that the train had already departed at 2.50 pm following a timetable revision.

Unable to board the train, the group had to purchase general class tickets on the Antyodaya Express to return home.

Before the Commission, Southern Railway contended that the annual non-monsoon timetable had come into effect on November 1, 2019, replacing the monsoon schedule.

It argued that passengers were informed through newspaper publications and notes on reservation tickets asking them to check the revised timetable. It further submitted that the complainant had relied on a private application instead of the Railways' official National Train Enquiry System (NTES) app.

In its order dated July 21, the Commission noted that while the Railways claimed passengers had been informed, it had failed to produce any evidence to show that the complainant had actually received such information. In the absence of proof, it held that the Railways' contention could not be accepted and held the Railways liable.

"The non intimation of the early departure of the train from the scheduled time amounts to deficiency in service on the part of the opposite parties 1 and 2 (Southern Railway authorities)," observed the Commission.

The Commission consequently directed Southern Railway to refund ₹3,784 with 6% interest from November 3, 2019, pay ₹25,000 as compensation for mental agony and ₹3,000 towards litigation costs.

It further ordered that if the amount is not paid within one month, the award, excluding litigation costs, would carry interest at 9% per annum until realization.

Advocates Gadha S Nair and Pradeep Lal S represented the complainant.

Advocate Abhishek RV represented the Southern Railway authorities (respondents).

[Read Order]